Q. Are you planning to have Homeschool Day at the Capitol again next year? If so, what are the dates?

A. Yes, we are making plans for two Homeschool Day at the Capitol events in 2012. The tentative dates are Wednesday, February 22, and Thursday, April 26.

At the Legislative Day at the Capitol on February 22, you will be able to personally visit your legislators at their capitol offices, listen to bills being debated in committees, and watch from the gallery above the House or Senate Chamber as legislators cast their votes for or against proposed legislation.

The Capitol Classroom Day at the Capitol (tentatively scheduled for April 26) will be held after the General Assembly session has adjourned. Parents and students will be able to participate in the “Capitol Classroom” and sit at the desk of a senator or delegate, debate a mock homeschool bill, and vote!

Both Homeschool Day at the Capitol events will include presentations on “How a Bill Becomes a Law” and guided tours of our historic Capitol and the Governor’s Mansion. Watch for more information about the schedule, other events during the afternoon, and registration information!

I hope you can join us!

Regards,

P.S. HEAV members will have an early-bird registration opportunity — watch for upcoming details!

The new law would apply to businesses with more than 50 employees and to all state government employees. It does not require individual or small-group insurance policies to cover treatment for autistic children.

Parent advocates, including some parents who homeschool their autistic children, have fought for more than 11 years to pass legislation that would require large-group insurance companies to provide coverage for early-intervention treatment for autistic children.

Both the Senate and House approved the governor’s amendments that would require licensure of therapists, prior authorization from insurance companies, and independent reviews of the child’s treatment plan. They rejected the governor’s amendment that would invalidate the law if a court strikes down the $35,000 cap on benefits.

The $35,000 cap satisfied business and insurance lobbies that strongly opposed the bill. The parents of autistic children complained the cap could interrupt much needed treatment during the early formative years.

The bill now goes back to Governor McDonnell, who could veto the measure. According to the governor’s staff, however, we can expect that he will allow the bill to become law.

January 25, 2011

Greetings!

This year’s short session creates a brisk pace as thousands of bills move through sub-committees, full committees, and on to the Virginia House or Senate for a vote. At the capital–sometimes for early-morning meetings–HEAV’s lobbyist Bob Shanks talks with legislators behind the scenes and attends hearings for bills that could potentially affect homeschoolers.

This week began with a flurry of activity that included a second committee discussion of homeschool sports access. Because of the House Education Committee action today, a decision about sports access will be put on hold for another year.

Below is our lobbyist’s first-hand report on what took place yesterday on sports access for homeschoolers. You will also find a list of some of the other bills we are carefully tracking.

View the rest of this Legislative Update.

The legislative session began last Wednesday (January 12), and already HEAV has sorted through several thousand bills and attended numerous committee hearings.

This week, a bill on homeschool access to public school sports came up; it passed out of subcommittee and will come before the full House Education Committee this Monday, January 24, at 9 a.m.

While we understand the interest some parents have in providing athletic opportunities for their children, it is not HEAV’s mission or purpose to pursue legislation that promotes a return to public schools. We have worked diligently for 28 years to protect and strengthen homeschooling freedoms and are concerned that additional requirements will be imposed on homeschool families. HEAV is neutral on this legislation.

Although neutral, our lobbyist, Bob Shanks, is still at the capital talking with legislators and attending all hearings. Below is his first-hand report on the hearing.

Thank you for keeping the legislative session in your prayers! Watch for more updates as we move forward, and check HEAV’s blog or Facebook page for current postings.

With warm regards,

Yvonne Bunn
Director of Homeschool Support & Legislative Affairs

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HEARING REPORT
Homeschool Access to Public School Sports Debated in Committee

As anticipated again this year, sports access for homeschoolers is a topic of heated discussion in the General Assembly. Education Subcommittee #2 met yesterday to discuss homeschool access to interscholastic sports. Both Delegate Robert Bell (R-Charlottesville) and Delegate David Nutter (R-Christiansburg) introduced similar sports access bills. They were combined in committee to become HB 2395.

Delegate Bell summarized the history of several unsuccessful attempts by homeschooling parents and organizations to work with the Virginia High School League (VHSL), the governing body of interscholastic sports in Virginia. He stated there was no willingness from VHSL to even consider a compromise. Bell suggested he would do most anything VHSL wanted in order to reach a compromise.

Several people spoke in support of the bill. A homeschool dad, who was a former public school teacher and from a family of public school teachers, stated that the present policy was punitive. His homeschooled children attended the meeting with him. Another homeschool dad and CPA from Northern Virginia discussed the number of homeschool high school students in Virginia and the number of schools in Virginia. He argued that changing the current policy would have a negligible effect on public schools. A homeschool mom also briefly spoke on behalf of the bill.

Delegate Landes stated that the academic standards are not the same. There are no SOLs for homeschoolers.

Chris Freund of the Family Foundation suggested VHSL could require some other form of evaluation like a standardized achievement test.

Delegate Athey reiterated that the bill says the VHSL will set the rules. “Do you all understand? VHSL will require SOLs!! Homeschoolers don’t want SOLs.”

Ken Tilley of VHSL said he respects homeschoolers but remains strongly opposed. He said he wants a level playing field. “Public school kids have to do things to qualify to play that homeschoolers don’t have to do,” Tilley stated. His major concerns were 1) enrollment requirements and 2) the requirement to take five and pass five academic subjects. He said, “Bell’s bill gives parents too broad a latitude to declare their kids have qualified. Kids should have to pass SOLs or something similar.”

Joining the VHSL in opposition to sports access for homeschoolers were the School Superintendents Association, Virginia Education Association, and School Principles Association.

Delegate Morrissey commented regarding “the level playing field” by stating homeschoolers are not academic or discipline problems.

Tilley responded that there is no way to know if they are meeting the requirements the other students are meeting; therefore, they don’t face the consequences the other students face.

Delegate Athey asked what other states allow homeschoolers to participate in public school sports. Scott Price of VAHomeschoolers and others indicated 1/3 to ½ of the other states allow access.

Delegate Landes expressed concern about public school kids who are benchwarmers who might get bumped off the team by a homeschooler. He said he knew public school parents who think that would be terribly unfair. Several answered, “That’s the way it is. We just want a chance to compete.”

Delegate Bell suggested there could be some version of dual enrollment. “All the arguments against my bill boil down to some version of ‘I don’t like it.’ I think the tail is wagging the dog.”

Delegate Athey concluded, “A generation ago, the type of parent who would be active in PTA etc., is now the one who is homeschooling. The quality of public school has suffered in part by their absence. I think some interaction between the homeschool community and the public school community would be good. I will vote for this bill.”

The committee moved to report the bill; it was seconded. The bill passed out of the sub-committee 6 Y – 2 N. It will be heard before the full House Education Committee Monday, January 24, at 9 a.m., in House Room C.

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If you are interested in HB 2395, and wish to express your opinion, you can contact the committee members here.

This report was written by the Home Educators Association of Virginia, a member-supported, nonprofit organization dedicated to promoting, protecting, and supporting homeschooling freedoms in the Commonwealth. Feel free to reprint or pass along this report in its entirety.

Calls Needed–Senate Subcommittee
to Hold Hearing on U.N CEDAW Treaty

Dear HSLDA Members and Friends,

Congress failed to hear the message the American people sent on Election Day. On Thursday, November 18, during Congress’ lame-duck session, the U.S. Senate Judiciary Committee’s Subcommittee on Human Rights and the Law will hold a hearing on the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Urgent calls are needed to oppose this treaty.

Background

CEDAW is an international treaty drafted by the United Nations in 1979. Although it was signed by the Carter administration, it has never been ratified by the U.S. Senate. While it was intended for a good purpose—stopping discrimination against women and girls—ratification by the U.S. Senate would not provide any greater protections to women and would actually cause irreparable harm to American sovereignty and to homeschool families. We urge you to read a detailed analysis of CEDAW and how it threatens homeschool freedom.

If CEDAW is ratified, it will embolden internationalists to attempt ratification of additional treaties. HSLDA fears that approving CEDAW would be the first step toward ratification of the Convention on the Rights of the Child, which would cause even greater harm to homeschool freedom and parental rights. You can read Mike Farris’ detailed analysis of the U.N. children’s rights treaty online.

Action Requested

If your senator is listed below, please call him immediately and urge him to oppose CEDAW.

If you choose, you can identify yourself as a homeschooler and explain how ratification of CEDAW would harm you specifically. You can use some or all of the following message:

“Please oppose the United Nation’s CEDAW treaty during the hearing on Thursday, November 18. CEDAW would cause great harm to American sovereignty. Additionally, it will hurt the freedom of parents to choose how to educate their children and would allow the federal government to regulate how schools and parents teach their children under the guise of eliminating gender bias. Finally, it will not provide any greater protection to women and girls because U.S. laws and foreign policy already protect women from discrimination.”

The following senators are on the U.S. Senate Judiciary Committee’s Subcommittee on Human Rights and the Law. If your senator is not on the committee, call the chairman and urge him to oppose CEDAW:

• Richard Durbin (IL), chairman 202-224-2152
• Russell Feingold (WI) 202-224-5323
• Benjamin Cardin (MD) 202-224-4524
• Edward Kaufman (DE) 202-224-5042
• Arlen Specter (PA) 202-224-4254
• Al Franken (MN) 202-224-5641
• Lindsey Graham (SC) 202-224-5972

• Tom Coburn (OK)—calls not needed—Senator Coburn opposes CEDAW
• John Cornyn (TX)—calls not needed—Senator Cornyn opposes CEDAW

You can visit HSLDA’s Legislative Toolbox to find more contact information for your U.S. senators. We encourage you to send e-mails using the link above to thank senators Coburn and Cornyn for their opposition to CEDAW.

Thank you for standing with us for freedom.

Sincerely,

Mike Smith
President, HSLDA

This is an unprecedented attempt by the federal government to force states to create new agencies to regulate colleges and universities. This additional layer of bureaucracy will require colleges to submit to more regulations and supervision by state and federal officials. Before the 87-page regulations, called “Program Integrity Issues,” were proposed, colleges were typically accredited by independent accrediting agencies. Federal control over colleges has never been attempted before.

Should homeschool families be concerned?
There are several areas of serious concern to homeschoolers: The regulations will include a federal definition of “credit hour,” as well as new procedures to evaluate the validity of a student’s high school diploma for purposes of obtaining federal financial aid.

How will this affect homeschoolers? Will homeschooled students with non-accredited diplomas still be eligible for federal student financial aid?
As soon as I read the new regulations, I contacted HSLDA’s director of federal relations, Will Estrada, and HSLDA’s president, Mike Smith. They explained that homeschoolers have been getting federal financial aid because of an exception clause in the federal law. While this is not the ideal situation and HSLDA would like to change it in the future, this means homeschoolers are exempt from the new federal diploma accreditation regulations.

Be sure to use the self-certifying option
I was greatly relieved to learn that on the FAFSA form, if a homeschooler checks they were “Homeschooled,” then their high school completion is self-certified and nothing else will be required of the homeschooled student or college. However, if the homeschooled student checks “High School Diploma,” he will have to give the name of his high school, and the college will be required to see if the high school is on the “accredited” list.

As long as homeschoolers check “Homeschooled” on the FAFSA form, they should have no problem in applying for federal student financial aid. HEAV will continue to monitor this situation and keep you posted.

If you’d like to learn more about these regulations and what you can do, see this Denver Post article and this HSLDA E-lert.

The federal-style mansion was beautifully decorated with fall colors and accented with orange pumpkins and colorful gourds. Completed in 1813, the mansion is the oldest governor’s residence in the nation to be continuously used for its original purpose. It was exciting to stand in the same rooms that have been home to 54 Virginia governors!

We had an opportunity to greet many friends from other areas of the state. We chatted with several dozen leaders of organizations we have worked with in past years and discussed issues with family-friendly legislators who also attended.

There were at least a half dozen couples I didn’t know who introduced themselves and told me they homeschooled their children and appreciated HEAV. When Governor McDonnell spoke to the group as a whole, he thanked those who shared his conservative values and publicly acknowledged a handful of groups, including a specific mention of homeschoolers throughout the state.

We had an opportunity to reminisce with former governor George Allen and his wife Susan about his years as governor. He recalled that he signed the first proclamation declaring Virginia Homeschool Day in the Commonwealth.

We enjoyed meeting numerous new friends, including Chief “Red Hawk” of the Cheroenhaka (Nottoway) Indian Tribe located in Southampton County. He was very interested in talking with us about home education. It was a delightful evening for all!

Q. I have looked at the Virginia laws and cannot find any clear word on whether it is legal or not to homeschool someone else’s child. Can you tell me what the law says?

A. The homeschool statute is written to allow parents to teach their own children. § 22.1-254 refers to two other people:

1. A Virginia certified teacher (known as tutor) may teach his/her own or another parents’ child in a homeschool setting; and
2. A guardian or other person having control or charge of a child may homeschool the child.

There is not a clear legal provision allowing a person who is not a parent, certified teacher, guardian, or person in charge of a child to teach someone else’s child. The law states the following (emphasis mine):

§ 22.1-254. A. Except as otherwise provided in this article, every parent, guardian, or other person in the Commonwealth having control or charge of any child … [shall] send such child to a public school or to a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent, or provide for home instruction of such child as described in § 22.1-254.1.

This provision allows a parent to satisfy compulsory attendance requirements by having “…such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent…” as an alternative to attendance at a public or private school.

Parents who are certified teachers may also teach their own children under this provision, known as “the certified tutor” option, instead of the home instruction statute found in §22.1-254.1. See our Certified Tutor Page for more details about this option.

Q.  I filed my Notice of Intent and received a letter from the superintendent saying he couldn’t approve my request to homeschool until I give him my child’s birth date. I provided my child’s age. Do I have to give him the birth date?

After filing a Notice of Intent, several parents reported their school superintendents responded by letter or phone saying they would not “approve” their NOI or “consider their request to homeschool” until birth date information was received. Some superintendents insisted on having both birth dates and grade levels. Their response exceeds the requirements of the law in several ways.

First, the homeschool law does not give a superintendent authority to “approve” or “consider a request to homeschool.” When filing a Notice of Intent, parents are NOT asking for approval to homeschool. Neither are they “requesting” permission to homeschool. Parents are NOTIFYING the superintendent that they have complied with one of the four ways the law indicates parents can educate their children at home.

Second, the Virginia homeschool law, §22.1-254.1, DOES NOT require parents to disclose the birth dates or the grade levels of their children in order to homeschool. A name and birth date can be used as identifiable tracking information. Rather than a birth date, a parent can provide a child’s age. This indicates whether or not a child is under compulsory attendance laws. Since the homeschool statute does not require parents to provide birth date or grade information, there is little the superintendent can do, other than ask, to gain compliance with his request. However, the law does not back him up.

Because school superintendents and their designees are accustomed to having birth dates for public school students, some think they must have the same information for homeschooled students as well. To add to the confusion, the example Notice of Intent form found on the Department of Education’s website includes a place for birth dates. Again, according to the homeschool law, this is not required.

Some parents may be intimidated by a phone call or letter from the superintendent’s office and quickly supply the requested information for fear of jeopardizing their right to homeschool. Please consider the implications of providing more information than is legally required. If enough parents comply, we can expect future requests for additional information, such as social security numbers, parent income or employment information, discipline methods, etc.

Laws are made to protect citizens and limit what government can do. While homeschooling parents don’t want to create unnecessary problems or controversy for themselves, they must stand up for their rights. We all want to promote goodwill with those in authority, but goodwill is fostered when both parties live within the parameters set by the law.

NOTE: HEAV helps protect homeschool freedoms by being there to answer these questions. Thank you for your continued support!

In a conversation with Assistant Superintendent Dr. Louis Justis, who is the Warren County homeschool liaison, Yvonne learned the school board did not intend to restrict the rights of religiously exempt parents. Dr. Justis stated Warren County has never refused to acknowledge the religious beliefs of any family. However, with retirement in the near future and the election of new school board members, officials wanted to develop guidelines for new board members who may be unfamiliar with religious exemption. Although their motive was to protect the rights of religiously exempt homeschoolers, their policy went beyond the requirements of the law.

During the discussion, Dr. Justis asked HEAV to draft a policy that complies with the religious exemption statute and is acceptable to homeschoolers. He would like to submit the proposed policy to the school board for their review.

School boards have a duty to recognize parents’ bona fide religious convictions against attendance at school. A carefully written policy would guide the Warren County School Board in responding within the parameters of the law.

The Warren County School Board has since suspended the religious exemption regulation pending public input. HEAV is working with other organizations and Warren County homeschoolers to resolve this situation as quickly and quietly as possible.